Since its founding, the U.S. has struggled with
issues of federalism and states' rights. In almost every area of law, from
abortion to zoning, conflicts arise between the states and the federal
government over which entity is best suited to create and enforce laws. In the
last decade, immigration has been on the front lines of this debate, with
states such as Arizona taking an extremely assertive role in policing
immigrants within their borders. While Arizona and its notorious SB 1070 is the
most visible example of states claiming expanded responsibility to make and
enforce immigration law, it is far from alone. An ordinance in
Hazelton, Pennsylvania prohibited landlords from renting to the undocumented. Several
states have introduced legislation to deny citizenship to babies who are born
to parents who are in the United States without authorization. Other states
have also enacted legislation aimed at driving out unauthorized migrants.
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